A-26531, A-36914, MAY 20, 1932, 11 COMP. GEN. 435

A-26531,A-36914: May 20, 1932

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FOR LAND TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE EVEN WHEN TRANSPORTATION IS ACCOMPLISHED UPON A VESSEL OF FOREIGN REGISTRY BY A CIRCUITOUS ROUTE. IS NOT PROHIBITED BY SECTION 601 OF THE MERCHANT MARINE ACT OF MAY 22. THE ALLOWANCE OF CREDIT THEREIN OF ANY AMOUNT THAT MAY BE DUE LIEUTENANT JOHNSON IN CONNECTION WITH THE TRAVEL FOR WHICH UNAUTHORIZED TRANSPORTATION WAS ISSUED BY CAPTAIN STEELE. AS SUCH THE MATTER IS PROPER FOR CONSIDERATION AT YOUR REQUEST. THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED. DEPENDENT CHILDREN SHALL BE SUCH AS ARE DEFINED IN SECTION 4 OF THIS ACT.

A-26531, A-36914, MAY 20, 1932, 11 COMP. GEN. 435

TRANSPORTATION OF DEPENDENTS OF NAVAL OFFICERS ON FOREIGN VESSELS THE PROVISION OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, FOR THE PAYMENT IN MONEY OF THE AMOUNT EQUIVALENT TO THE COMMERCIAL COST OF TRANSPORTATION, IN LIEU OF FURNISHING TRANSPORTATION IN KIND, FOR AUTHORIZED TRAVEL BY DEPENDENTS OF NAVAL AND OTHER OFFICERS UNDER THE JOINT SERVICE PAY ACT, AUTHORIZES A COMMUTATION OF SUCH EXPENSES FOR LAND TRAVEL IRRESPECTIVE OF THE ROUTE, MODE, OR COST OF TRANSPORTATION ACTUALLY USED, AND THE ALLOWANCE OF SUCH COMMERCIAL COSTS, FOR LAND TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE EVEN WHEN TRANSPORTATION IS ACCOMPLISHED UPON A VESSEL OF FOREIGN REGISTRY BY A CIRCUITOUS ROUTE, IS NOT PROHIBITED BY SECTION 601 OF THE MERCHANT MARINE ACT OF MAY 22, 1928, 45 STAT. 697. 9 COMP. GEN. 210, MODIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 20, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 4, 1931, FORWARDING A LETTER ADDRESSED TO YOU NOVEMBER 17, 1931, BY THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, AND REQUESTING RECONSIDERATION OF THE DECISION OF THIS OFFICE OF NOVEMBER 18, 1929, 9 COMP. GEN. 210, IN SO FAR AS IT DISALLOWED THE CLAIM OF LIEUT. FELIX L. JOHNSON FOR PAYMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS BETWEEN ANNAPOLIS, MD., AND SEATTLE, WASH., AND THAT ANY ALLOWANCE WHICH MAY BE SO AUTHORIZED BE APPLIED TO OFFSET THE CHARGE OF $281.42 RAISED IN THE ACCOUNTS OF CAPT. G. W. STEELE, JR., FOR PAYMENTS ERRONEOUSLY MADE IN BEHALF OF LIEUTENANT JOHNSON FOR OCEAN TRANSPORTATION UPON FOREIGN VESSELS.

THE SETTLEMENT OF THE CLAIM OF LIEUTENANT JOHNSON MAY NOT BE REVIEWED ON YOUR APPLICATION UNLESS IN THE INTEREST OF THE UNITED STATES. HOWEVER, YOU, IN EFFECT, REQUEST REVIEW OF A DISALLOWANCE IN THE ACCOUNTS OF CAPT. G. W. STEELE, JR., UNITED STATES NAVY, AND THE ALLOWANCE OF CREDIT THEREIN OF ANY AMOUNT THAT MAY BE DUE LIEUTENANT JOHNSON IN CONNECTION WITH THE TRAVEL FOR WHICH UNAUTHORIZED TRANSPORTATION WAS ISSUED BY CAPTAIN STEELE, AND AS SUCH THE MATTER IS PROPER FOR CONSIDERATION AT YOUR REQUEST.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, IN SO FAR AS HERE MATERIAL, PROVIDES:

IN LIEU OF THE TRANSPORTATION IN KIND AUTHORIZED BY SECTION 12 OF AN ACT ENTITLED " AN ACT TO INCREASE THE EFFICIENCY OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED MAY 18, 1920, TO BE FURNISHED BY THE UNITED STATES FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED. DEPENDENT CHILDREN SHALL BE SUCH AS ARE DEFINED IN SECTION 4 OF THIS ACT.

THE MILEAGE ALLOWANCE TO OFFICERS IS A COMMUTATION OF EXPENSES AND IS PAYABLE FOR LAND DISTANCE BETWEEN POINTS INVOLVED IN THE UNITED STATES BY THE SHORTEST USUALLY TRAVELED ROUTE. THE PAYMENT OF MILEAGE IS NOT DEPENDENT UPON HOW THE TRAVEL IS ACTUALLY PERFORMED IF NOT FURNISHED AT THE EXPENSE OF THE GOVERNMENT. IT IS LIMITED BY THE STATUTE TO TRAVEL WITHIN THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. 4 COMP. GEN. 604. LIEUTENANT JOHNSON, THEREFORE, WAS PROPERLY ALLOWED MILEAGE BY THE SHORTEST USUALLY TRAVELED ROUTE BETWEEN ANNAPOLIS AND SEATTLE NOTWITHSTANDING THAT HE DID NOT ACTUALLY TRAVEL BETWEEN THOSE POINTS BY THE DIRECT ROUTE.

THE PROVISION IN THE SECOND PARAGRAPH OF SECTION 12 OF THE ACT OF JUNE 10, 1922, AND EXECUTIVE ORDER 3726, DATED AUGUST 25, 1922, AUTHORIZE "PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL COSTS WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED," IN LIEU OF FURNISHING TRANSPORTATION IN KIND FOR AUTHORIZED TRAVEL BY DEPENDENTS OF NAVAL AND OTHER MILITARY OFFICERS. SUCH COMMERCIAL COSTS BY THE SHORTEST USUALLY TRAVELED ROUTE HAVE BEEN ALLOWED HERETOFORE AFTER TRAVEL HAS BEEN PERFORMED IRRESPECTIVE OF THE ROUTE, THE MODE, OR THE COST OF TRANSPORTATION ACTUALLY USED. COMP. GEN. 237; A-28444, OCTOBER 4, 1929; A-28537, OCTOBER 26, 1929; A- 35958, APRIL 21, 1931. IN OTHER WORDS, THIS PROVISION HAS BEEN CONSIDERED HERETOFORE AS A COMMUTATION MUCH THE SAME AS THE MILEAGE ALLOWANCE TO THE OFFICER. BEING THUS ALLOWABLE WITHOUT ANY SHOWING OF EXPENSES ACTUALLY INCURRED, THE ALLOWANCE OF COMMERCIAL COSTS FOR LAND TRAVEL WOULD NOT BE AN ALLOWANCE OF CREDIT FOR EXPENSES INCURRED UPON A FOREIGN VESSEL AND IS NOT, THEREFORE, PROHIBITED BY SECTION 601 OF THE MERCHANT MARINE ACT.

LIEUTENANT JOHNSON'S CLAIM MAY PROPERLY BE ALLOWED. ACCORDINGLY, CREDIT WILL BE ALLOWED IN THE ACCOUNTS OF CAPTAIN STEELE, OF THE COMMERCIAL COSTS OF TRANSPORTATION OF THE WIFE AND TWO CHILDREN OF LIEUTENANT JOHNSON, BETWEEN ANNAPOLIS AND SEATTLE BY THE SHORTEST USUALLY TRAVELED RAIL ROUTE, OR $214.97.